LAURINDA GOMES Vs. JANU HARI GAUDE

JUDGEMENT

(1.) THE above appeal and the cross-objection shall be disposed of by this common Judgment since both are directed against the same judgment and award dated 21/09/2006 passed by the learned Presiding Officer, M.A.C.T., Panaji in Claim Petition No. 87/2001.

(2.) PARTIES shall hereinafter be referred to in the manner in which their names appear in the cause title of the Claim Petition.

(3.) CASE of the claimants, in short, was as follows: On 03/03/2001, the deceased was carrying school children in his tempo trax bearing no. GA-01-C-1016 from Sharda Mandir High School, Miramar to St. Estevam. At about 13.10 hours when he reached at Ribandar Patto near Hoble's garage, a mini bus bearing No. GA-01-X-0185 driven by the respondent no.1 and belonging to the respondent no. 2 came from opposite direction on the side of tempo trax and dashed against it. The said tempo trax driven by the deceased was completely on its left side of the road. As a result of the accident all the occupants of the tempo trax were injured and the deceased and two school children died, on account of the injuries sustained in the said accident. The accident occurred entirely due to rash and negligent driving of the said mini bus by the respondent no.1.